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REGISTRATION TERMS AND CONDITIONS<br />
Julien's Auctions guarantees the authenticity of Attribution of<br />
property listed in the catalogue or online as stated in the<br />
Terms of Guarantee. Except for the Limited Warranty contained<br />
in the terms of guarantee all property is sold “As Is”.<br />
We make no warranties, nor does the consignor, as to the<br />
merchantability or fitness for a particular purpose, the correctness<br />
of the catalogue or other description of the physical<br />
condition, size, quality, rarity, importance, medium, provenance,<br />
exhibitions, literature or historical relevance of any<br />
property. No oral or written statements made in the catalogue,<br />
online listing, advertisement, bill of sale, and announcement<br />
or elsewhere made by employees (including<br />
affiliated and related companies) shall be considered a warranty.<br />
We and the Consignor make no representations and<br />
warranties, express or implied, as to whether the purchaser<br />
acquires any copyrights, including but not limited to, any reproduction<br />
rights of any property. We and the Consignor are<br />
not responsible for errors and omissions in the catalogue, online<br />
listings or any other supplemental material.<br />
It is the responsibility of prospective bidders of live auctions<br />
to inspect the property before bidding to determine its<br />
condition, size, and to determine if it has been repaired or<br />
restored and/or to request a condition report. Please email<br />
info@juliensauctions.com for a condition report.<br />
A buyer's premium will be added to the successful bid price<br />
and is payable by the purchaser as part of the total purchase<br />
price. I acknowledge and agree that a 20% Buyer's Premium<br />
will be added to the hammer price on individual lots<br />
100,000 and higher, and a 25% Buyer's Premium on all individual<br />
lots of $0 - $99,999 which I am the successful bidder.<br />
In addition, there will be an additional 3% buyer's premium<br />
charged for any lots won online. This is regardless of affiliation<br />
with any group or organization. I further acknowledge that I<br />
am responsible to pay Julien's Auctions the aggregate of the<br />
hammer price and the Buyer's Premium, plus sales tax if applicable,<br />
for such lot(s). All invoices must be paid within 10<br />
calendar days after the close of the auction. I authorize<br />
Julien's Auctions to charge my credit card provided at registration<br />
for all items purchased at this auction, and any future<br />
Julien's Auctions I may participate in, if not paid in full within<br />
10 calendar days after the close of the auction.<br />
Payments: Checks should be made to payable to Julien's<br />
Auctions, 3327 La Cienega Place, Los Angeles, CA 90016.<br />
Julien's Auctions will invoice only for the property (including<br />
buyer's premium and any applicable sales tax). We accept<br />
wire transfer, cashiers check or personal check, MasterCard<br />
and Visa. Auction items picked up in California and all California<br />
and New York residents will be charged sales tax. Processing<br />
fees for credit card payments may apply.<br />
Shipping: Shipping for all small items will be handled directly<br />
through Julien’s Auctions. For all large or oversize items, shipping<br />
has been contracted by Rockin Boxes Global, Inc. All<br />
shipping inquiries can be directed to shipping@juliensauctions.com.<br />
To arrange shipping with Rockin Boxes Global,<br />
please contact them directly at (877) 420–0212 or info@rockinboxesglobal.com.<br />
The buyer is responsible to make contact<br />
regarding any concerns or shipping related questions. Please<br />
allow 2-12 weeks for the delivery of your property depending<br />
on the size of the auction, the receiver’s destination, or the<br />
mode of transportation. All auction property is shipped at the<br />
bidder’s expense. All shipments are sent signature required.<br />
Property will not ship USPS or on your personal shipping accounts.<br />
Courtesy to all Julien’s Auctions clients, 30 days free<br />
pick up, and storage is offered. After 30 days, we charge 8.00<br />
per lot, per day, unless prior arrangements are made. Julien’s<br />
and Rockin Boxes Global will not falsify or claim a lower value<br />
on custom’s documents to avoid paying government fees.<br />
Julien’s and Rockin Boxes Global is not responsible if there<br />
is any delay in customs and is not responsible for returned<br />
shipments. The Buyer is responsible for all government fees<br />
including duties, taxes, VAT, Customs, or any unforeseen<br />
charges. All door to door Freight Shipments are curbside delivery.<br />
If you have any special requests, (property unpacked,<br />
brought upstairs, or inside delivery) there will be additional<br />
charges.<br />
Bids will not be accepted from those persons under the age<br />
of eighteen (18) without written consent of said persons parent<br />
or legal guardian. Written consent must acknowledge the<br />
terms and conditions of sale. This written consent constitutes<br />
an agreement to be bound thereby on behalf of the bidder.<br />
Bidder registration is required for all persons wishing to bid<br />
for Julien's Auctions. Any person registering to bid by phone,<br />
absentee, or in person will complete a Bidder Registration<br />
Form. Online bidders will submit a completed form through<br />
julienslive.com.<br />
All items are offered subject to a reserve. The reserve is the<br />
confidential minimum price acceptable to the Consignor. During<br />
a live auction the auctioneer may open any lot by bidding<br />
on behalf of the Consignor and may bid up to the amount of<br />
the reserve, by placing successive or consecutive bids for a<br />
lot or bids in response to other bidders. Online sales may do<br />
the same by employing the use of a starting bid which will<br />
commence bidding at or below the reserve price agreed to<br />
by the Consignor.<br />
Julien's reserves the right to withdraw any property before<br />
the completion of the sale and will have no liability for doing<br />
so.<br />
We reserve the right to accept or decline any bid. Bids must<br />
be for an entire lot and each lot constitutes a separate sale.<br />
All bids are per lot unless otherwise announced at a live sale<br />
by the auctioneer. Live auction lots will be sold in their numbered<br />
sequence unless the Auctioneer directs otherwise. It is<br />
unlawful and illegal for Bidders to collude, pool, or agree with<br />
another Bidder to pay less than the fair value for lot(s). Bidders<br />
participating in both live and online auctions acknowledge<br />
that the law provides for substantial penalties in the<br />
form of treble damages and attorneys' fees and costs for<br />
those who violate these provisions. For live auctions the auctioneer<br />
will have final discretion in the event that any dispute<br />
should arise between bidders. The auctioneer will determine<br />
the successful bidder, cancel the sale, or re-offer and resell<br />
the lot or lots in dispute. Julien's will have final discretion to<br />
resolve any disputes arising after the sale and in online auctions.<br />
If any dispute arises our sale record is conclusive.<br />
Julien's will execute order or absentee bids, and accept telephone<br />
bids as a courtesy to clients who are unable to attend<br />
the live auctions. Therefore we take no responsibility for any<br />
errors or omissions in connection with this service.<br />
Subject to fulfillment of all of the conditions set forth herein,<br />
on the fall of the auctioneer's hammer, title to the offered lot<br />
will pass to the highest bidder acknowledged by the auctioneer,<br />
and such bidder thereupon (a) assumes full risk and responsibility<br />
(including without limitation, liability for or<br />
damage to frames or glass covering prints, paintings, photos,<br />
or other works), and (b) will immediately pay the full purchase<br />
price or such part as we may require. In addition to other<br />
remedies available to us by law, we reserve the right to impose<br />
from the date of sale a late charge of 1 ½% per month<br />
of the total purchase price if payment is not made in accordance<br />
with the conditions set forth herein. All property must<br />
be removed from either our premises by the purchaser at his<br />
expense not later than 10 business days following its sale and<br />
if it is not so removed, (i) a handling charge of 1% of the total<br />
purchase price per month from the tenth day after the sale<br />
until its removal will be payable to us by the purchaser, with<br />
a minimum of 5% of the total purchase price for any property<br />
not so removed within 60 days after the sale, and (ii) we may<br />
send the purchased property to a public warehouse for the<br />
account, at the risk and expense of the purchaser.<br />
If any applicable conditions herein are not complied with the<br />
purchaser will be in default and in addition to any and all other<br />
remedies available to us and the Consignor by law, including,<br />
without limitation, the right to hold the purchaser liable for the<br />
total purchase price, including all fees, charges and expenses<br />
more fully set forth herein, we, at our option, may (a) cancel<br />
the sale of that, or any other lots sold to the defaulting purchaser<br />
at the same or any other auction, retaining as liquidated<br />
damages all payments made by the purchaser, or (b)<br />
resell the purchased property, whether at public auction or<br />
by private sale, or (c) effect any combination thereof. In any<br />
case, the purchaser will be liable for any deficiency, any and<br />
all costs, handling charges, late charges, expenses of both<br />
sales, our commissions on both sales at our regular rates,<br />
legal fees and expenses, collection fees and incidental damages.<br />
We may, in our sole discretion, apply any proceeds of<br />
sale then due or thereafter becoming due to the purchaser<br />
from us or any affiliated company, or any payment made by<br />
the purchaser to us or any affiliated company, where or not<br />
intended to reduce the purchaser's obligations with respect<br />
to the unpaid lot or lots, to the deficiency and any other<br />
amounts due to us or any affiliated companies. In addition, a<br />
defaulting purchaser will be deemed to have granted and assigned<br />
to us and our affiliated companies, a continuing security<br />
interest of first priority in any property or money of our<br />
owing to such purchaser in our possession or in the posses-<br />
sion of any of our affiliated companies, and we may retain<br />
and apply such property or money as collateral security for<br />
the obligations due to us or to any affiliated company of ours.<br />
Payment will not be deemed to have been made in full until<br />
we have collected good funds. In the event the purchaser<br />
fails to pay any or all of the total purchase price for any lot<br />
and Julien's elects to pay the Consignor any portion of the<br />
sale proceeds, the purchaser acknowledges that Julien's<br />
shall have all of the rights of the Consignor to pursue the purchaser<br />
for any amounts paid to the Consignor, whether at<br />
law, in equity, or under these Conditions of Sale.<br />
Under no circumstance will Julien's incur liability to a purchaser<br />
in excess of the purchase price actually paid.<br />
The terms and conditions of sale herein described shall be<br />
enforced in accordance with, and governed by the laws of<br />
the State of California.<br />
Any claim or controversy arising out of or relating to the Auction,<br />
the Bidder Registration Form or any breach thereof between<br />
the registered bidder and Julien’s shall be submitted<br />
to arbitration in Los Angeles County, California before an arbitrator<br />
from the Judicial Arbitration and Mediation Services,<br />
Inc. (“JAMS”) and conducted under its Comprehensive Arbitration<br />
Rules, as the exclusive remedy for such claim or controversy.<br />
Both parties further agree that the arbitration shall<br />
be conducted before a single JAMS arbitrator who is a retired<br />
California or federal judge or justice. By agreeing to arbitrate,<br />
the parties waive any right they have to a court or jury trial.<br />
The decision of the arbitrator shall be final and binding. The<br />
parties further agree that, upon application of the prevailing<br />
party, any Judge of the Superior Court of the State of California,<br />
for the County of Los Angeles, may enter a judgment<br />
based on the final arbitration award issued by the JAMS arbitrator,<br />
and the parties expressly agree to submit to the jurisdiction<br />
of this Court for such a purpose. The prevailing<br />
party shall be entitled to recover the party’s attorneys’ fees<br />
and costs incurred in connection with the arbitration.<br />
TERMS OF GUARANTEE<br />
“Attribution” is defined by Julien's as the creator, period, culture,<br />
source of origin, as the case may be as set forth in the<br />
Bold Type Heading of a lot in a live auction catalogue or the<br />
lot Title of an online auction, as amended by any oral or written<br />
salesroom notices and announcements or online notices<br />
and announcements. We make no warranties to information<br />
not contained in an online lot heading or information not contained<br />
in the Bold Type Heading of any live auction catalogue<br />
subject to the exclusions listed below.<br />
Julien's warrants the “Attribution”, as defined above and subject<br />
to the exclusions listed below, of a lot for a period of five<br />
years from the date of sale and only to the original purchaser<br />
on record at the auction. If it is determined to our satisfaction<br />
that the “Attribution” is incorrect, the sale will be rescinded if<br />
the lot is returned to the Julien's Auctions warehouse facility<br />
in the same condition in which it was at the time of sale. In<br />
order to satisfy Julien's that the “Attribution” of a lot is indeed<br />
incorrect we reserve the right to require the purchaser to obtain,<br />
at the purchaser's expense, the opinion of two experts<br />
in the field, mutually acceptable to Julien's and the purchaser,<br />
before we agree to rescind the sale under the warranty. This<br />
warranty is not assignable and applies only to the original<br />
purchaser on record with Julien's. This warranty does not<br />
transfer to any subsequent owners of any purchased property<br />
(this includes without limitation, heirs, successors, beneficiaries<br />
or assigns).<br />
Should a sale be rescinded and the purchase price paid (final<br />
successful bid price, plus the buyer's premium), it is specifically<br />
understood that this will be considered the sole remedy.<br />
It is exclusive and in lieu of any other remedy available as a<br />
matter of law, or in equity.<br />
Exclusions will be made and this warranty does not apply to<br />
“Attribution” which on the date of sale was in accordance<br />
with the then generally accepted opinion of scholars and specialists,<br />
or the identification of periods or dates of execution<br />
which may be proven inaccurate by means of scientific<br />
processes not generally accepted for use until after publication<br />
of the catalogue or listing online, or which were unreasonably<br />
expensive or impractical to employ.<br />
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